Supreme Court Slams J&K for Failing to Regularise Daily Wagers for 16 Years Despite Court Order

Background

The Supreme Court has strongly criticized the Jammu & Kashmir administration for its prolonged failure to regularize daily wage workers, despite a court directive issued 16 years ago. The case concerns thousands of workers who have been engaged in various government departments on a daily wage basis but have not been granted permanent employment, leading to financial instability and job insecurity.

The issue was first addressed in a court ruling nearly two decades ago, directing the J&K government to implement a structured plan for regularization. However, despite repeated assurances, the administration has failed to take concrete steps to provide permanent employment to the affected workers.

Court’s Rationale

1. Blatant Non-Compliance with Court Orders

• The Supreme Court noted that despite clear directives from both the High Court and the apex court, the J&K government has failed to implement a regularization policy.
• The bench expressed discontent over the administration’s repeated delays and lack of accountability in addressing the grievances of daily wagers.

1. Exploitation of Workers

• The court observed that the failure to regularize daily wagers amounts to exploitation of labor, as these workers have been serving in government roles for over a decade without job security or proper benefits.
• It remarked that keeping employees in temporary positions for extended periods violates principles of equal pay for equal work and fair labor practices.

1. Impact on Workers and Families

• The justices pointed out that these daily wagers have spent years working for the government in the hope of securing permanent employment, only to be left in uncertainty.
• Many workers, despite putting in continuous service, have been deprived of retirement benefits, medical facilities, and other employee rights.

1. Lack of Justification by the Government

• The court criticized the J&K administration for failing to provide a valid explanation for the prolonged delay.
• The government’s argument that financial constraints prevented regularization was rejected, with the court emphasizing that constitutional obligations toward workers’ rights cannot be ignored under such pretexts.

Implications of the Judgment

• For Daily Wagers – The ruling puts pressure on the J&K administration to finally implement a regularization policy, providing long-term job security to thousands of workers.
• For the J&K Government – The judgment may compel authorities to expedite policy decisions and allocate budgetary resources for worker regularization.
• For Other States – The ruling could set a precedent, influencing similar cases in other states where daily wage employees face prolonged delays in regularization.

Conclusion

The Supreme Court’s sharp rebuke highlights the J&K administration’s failure to uphold workers’ rights and adhere to judicial directives. With the court now holding the government accountable, the ruling may finally push authorities to take concrete steps toward regularizing daily wagers and ensuring fair employment practices.